810. 10 810.20 811. 10 PART 2.-PERSONAL EXEMPTIONS SUBPART A.-RESIDENTS AND NONRESIDENTS Articles imported by or for the account of any [Books, libraries] Libraries, usual and Professional [books,] implements, instru ments, and tools of trade, occupation, or or for sale), owned and used by him abroad. Free Free PART 4.-IMPORTATIONS OF RELIGIOUS, EDUCATIONAL, SCIENTIFIC, AND OTHER INSTITUTIONS Part 4 Headnotes 1. Except as provided in items 850.50 and 852.20, or as otherwise provided for herein, the articles covered by this part must be imported exclusively for the use of the institutions involved, and not for distribution, sale, or other commercial use within 5 years after being entered. Articles admitted under the provisions of this part may be transferred from an institution specified therein to another such institution, or may be exported or destroyed under customs supervision, without duty liability being incurred. However, if any such article is sold or used for commercial purposes within five years after being entered, the importing institution shall promptly notify customs officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its condition as imported and the rate applicable to it when entered. If an instrument or apparatus admitted under item 851.60 is sold or used for commercial purposes after five years after being entered but contains a repair component admitted under item 851.65 within five years after being entered, there shall be no liability for the payment of duty as a result of such sale or use unless the component was assembled into the instrument or apparatus with a view to such sale or use, in which case the duty would be imposed upon such repair component. 3. Architectural, engineering, industrial, or commercial drawings and [plans] plans, and reproductions thereof, are not covered by this part unless they are intended solely for exhibition or for educational use under item 851.10 (see part 5 of schedule 2). 6. (a) The term “instruments and apparatus" (item 851.60) embraces only instruments and apparatus provided for in (i) schedule 5: items 535.21-.27 and subpart E of part 2 and items 547.53– .55 and subpart D of part 3; (ii) schedule 6: subpart G of part 3; subparts A and F and items 676.15– .20 and 678.50 of part 4; part 5; and items 694.15, 694.50, and 696.60 of part 6; and (iii) schedule 7: part 2 (except subpart G) and items 790.59-.62 of subpart A of part 13; but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or maintenance or for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities. (b) An nstitution desiring to enter an article under item 851.60 shall make application therefor to the Secretary of the Treasury including therein (in addition to such other information as may be prescribed by regulation) a description of the article and the basis for the institution's belief that no instrument or apparatus of equivalent scientific value is being manufactured in the United States. If the application is made in acordance with the applicable regulations, the Secretary of the Treasury shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health, Education, and Welfare. (c) Upon receipt of the application the Secretary of Commerce shall, by publication in the Federal Register, afford interested persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an instrument or apparatus of equivalent scientific value to the article to which such application relates is being manufactured in the United States. After receiving any views pursuant to this paragraph, including written advice from the Secretary of Health, Education, and Welfare, the Secretary of Commerce shall determine whether an instrument or apparatus of equivalent scientific value to such article is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be published in the Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following receipt of the application by the Secretary of the Treasury. In acting on any application by the Secretary of Commerce, without affording interested persons and other Government agencies an opportunity for the presentation of views, may following a prior finding published under this paragraph with respect to a like article after having afforded such an opportunity for the presentation of views, if he is satisfied that there are no circumstances which would justify a reexamination of the question. (d) Item 851.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been placed, by the institution making the application hereunder, with a foreign supplier on or before the sixtieth day following the date of publication in the Federal Register of a favorable finding of the Secretary of Commerce as provided for in paragraph (c) of this headnote. 850. 10 851. 10 Articles imported for the use of an institution arts: [Books, charts, paintings, pastels, drawings, 851.20 Sculptures and statuary 851.30 Regalia. 851.40 Any textile machine or machinery, or part Free Free 851.50 Free Free 851.60 851.65 [Models of inventions and of other improve- The following articles imported for the use of Instruments and apparatus, if no instru- Specimens of natural history, botany, or min- PART 5.-SAMPLES; ARTICLES ADMITTED FREE OF DUTY UNDER BOND 1. In the case of articles imported under subpart B of this part or by nonprofit institutions under item 864.70 surety on bonds may be waived in the discretion of the Secretary of the Treasury. SUBPART B.-ARTICLES FOR PERMANENT EXHIBITION UNDER BOND Subpart B Headnotes 2. Prior to the release of articles under item 862.10 or 862.20, bond shall be given for the payment of lawful duties which may accrue should any of the articles be sold, transferred, or used contrary to the provisions of this subpart within 5 years after the date of entry hereunder, and such articles shall be subject at any time within such 5-year period to examination and inspection by customs officers. [Surety on such bonds may be waived in the discretion of the Secretary of the Treasury.] SUBPART C.-ARTICLES ADMITTED TEMPORARILY FREE OF DUTY UNDER BOND Subpart C Headnotes [5. Articles may be admitted under item 864.75 only on condition that the Secretary of the Treasury shall have found that the foreign country from which the articles were imported allows, or will allow, substantially reciprocal privileges in respect of similar imports to such country from the United States; and if the Secretary finds that a foreign country has discontinued, or will discontinue, the allowance of such privileges, the privileges of item 864.75 shall not apply thereafter in respect of imports from such foreign country.] DEAR MR. SPEAKER: I respectfully transmit herewith copies of a draft of proposed legislation to give effect to the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character, approved at Beirut in 1948. This draft joint resolution is the same as H. J. Res. 781 introduced in the Congress on July 2, 1960 by Representative Mills, Chairman of the Way and Means Committee, and again introduced by him as H. J. Res. 705, on May 1, 1962. The Senate gave its advice and consent to the ratification of this multilateral agreement on May 24, 1960. The Agreement, copies of which are enclosed, provides for improving the international circulation of visual and auditory materials (e.g. motion pictures, filmstrips, sound recordings) certified by the exporting government to be of an educational character, by removing customs duties and other restrictions on their importation. The Agreement is in effect among the thirteen countries which have ratified it. The Administration has given its assurance that deposit of the instrument of ratification will be withheld until the implementing legislation has been enacted into law. Copies of a detailed explanation of the provisions of the proposed joint resolution with an estimate of the loss of revenue involved are enclosed. The Bureau of the Budget has advised that there is no objection to the presentation of this implementing legislation to the Congress for its consideration. Sincerely, 64-216-663 BURNETT ANDERSON, Acting Director. JOINT RESOLUTION To give effect to the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character, approved at Beirut in 1948. Whereas the Congress and the President have repeatedly declared it to be a national policy to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries; and Whereas the General Conference of the United Nations Education, Scientific and Cultural Organization at its Third Session at Beirut, Lebanon, in 1948, approved and recommended to Member States for signature an Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character, which Agreement has been signed by twenty-one nations including the United States; and Whereas the Senate has given its advice and consent to the ratification of the Agreement; and Whereas the Congress does hereby determine that mutual understanding between peoples will be augmented by the measures provided for in said Agreement: Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That SEC. 1. The President of the United States is authorized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character and a related protocol of signature, opened for signature at Lake Success on July 15, 1949 (hereinafter called the Agreement). It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. SEC. 2. Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement. SEC. 3. Schedule 8, Part 6 of the Tariff Schedules of the United States (28 F.R., Part II, August 17, 1963; 77A Stat.; 19 U.S.C. 1202) is amended as follows: (1) By inserting the following new headnote immediately before the article descriptions: "Part 6 headnote: 1. No article shall be exempted from duty under item 870.30 unless it shall be determined, by a Federal agency or agencies formally designated by the President, that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character.". and (2) By adding a new item number and article description at the end thereof as follows: "Item 870.30 Articles Developed photographic film, including motion-picture film on which Rates of duty 2 Free. Free." SEC. 4. Section 3 of this Joint Resolution shall take effect with respect to articles entered or withdrawn from warehouse, for consumption on or after a date to be proclaimed by the President, which day shall be within a period of six months after the day on which the United States instrument of ratification of the Agreement shall have been deposited. |